UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7538

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
ROBERT T. BENNAFIELD,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Henry Coke Morgan, Jr.,
Senior District Judge. (CR-00-57)

Submitted:

January 28, 2005

Decided:

February 11, 2005

Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert T. Bennafield, Appellant Pro Se. Robert Edward Bradenham,

II, Assistant United States Attorney, Newport News, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Robert T. Bennafield seeks to appeal the district courts
order denying relief on his motion filed under 28 U.S.C. 2255
(2000).
judge

The order is not appealable unless a circuit justice or

issues

certificate

of

appealability.

28

U.S.C.

2253(c)(1) (2000). A certificate of appealability will not issue

absent a substantial showing of the denial of a constitutional
right.

28 U.S.C. 2253(c)(2) (2000).

A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

his constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong.

See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack

v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676,
683 (4th Cir. 2001). We have independently reviewed the record and
conclude that Bennafield has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss the
appeal. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

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